Rules of the "SMMASH"
Information on the Seller
- The rules of the "SMMASH" e-shop specify types, scope, and conditions of services and sales of Goods online via the B2B platform with the www.b2b.smmash.eu domain and the e-shop operating with the domain of www.smmash.eu, which belongs to "Complete Brand Management" sp. z o.o. sp. k. with the registered office in Łódź, ul. Rewolucji 1905 r. no. 82, entered in the Register of Entrepreneurs with the no.: 0000464687, NIP: 725-206-85-21, whose registration documents are kept by the District Court for Łódź-Śródmieście in Łódź, Commercial Division XX of the National Court Register.
- It is possible to contact the Seller from Monday to Friday, from 10:00 a.m. to 04.00 p.m. via:
- e-mail address: firstname.lastname@example.org,
- phone no.: +48 42 288 10 81.
The following expressions used herein have the following meaning:
- Consumer – Purchaser who is a natural person performing a legal transaction which is not related directly to their economic or professional operations.
- Buyer – Consumer or Entrepreneur who sets up an account in the Shop in order to make a sales agreement with the Seller. In case of natural persons, only a person with full capacity to perform legal transactions may be a Client.
- Entrepreneur – Buyer who is a natural or legal person or an organizational unit with no legal personality, conducting economic or professional operations.
- Rules – these Rules.
- Shop – B2B sales platform with the domain of www.b2b.smmash.eu and the shop operating with the domain of www.smmash.eu, which act as agents for the Seller in sales of the Seller's Goods.
- Seller – "Complete Brand Management" sp. z o.o. sp. k.
- Retail Sale – sale of up to 10 pieces of Goods and sales to Consumers.
- Whole Sale – sale of Goods to Buyers registered as whole sellers.
- Goods – Goods offered by the Seller for sale via the Shop and Goods produced at a Buyer's individual request.
- Agreement – agreement concerning sale of Goods made by the Buyer with the Seller via the agency of the Shop.
- Service – services provided by the Seller on-line based on the Rules.
- The Seller provides Services on-line within the meaning of the Law of 18 July 2002 on providing services on-line (Dziennik Ustaw [the Polish Journal of Laws] of 2002, No. 144, item 1204, as amended).
- Access to the Shop is provided upon principles specified in the Rules and it is free to all Buyers who are connected to the Internet.
- Before starting to use the Shop, the Buyer is obliged to read the Rules. The Seller provides access to the Rules free of charge, in the form which enables downloading, saving, and printing.
- By registering an account in the Shop, the Buyer acknowledges that they have read the Rules and that they accept all provisions hereof. The Buyer is obliged to observe provisions of the Rules.
Technical Conditions of Using the Shop
In order to use the Shop properly, it is necessary:
- to have a device with an access to the Internet,
- to have a web browser and software enabling the use of websites,
- to have an active and correctly configured e-mail account.
Scope and Conditions of Providing Services
Types of Services Provided On-line
The Seller provides on-line services which consist in:
- providing on-line access to the Shop and enabling the Buyers to place orders and make sale agreements with the Seller via the Shop,
- sending ordered bulletins and information on the offer of the Shop by e-mail,
- enabling the Buyer to download Goods sheets, catalogues, technical sheets, and other contents provided by the Seller from the Shop website.
Making an Agreement on Provision of Services
- The Seller provides Services free of charge.
- Services are provided after the Buyer registers their account in the Shop. To register an account, it is necessary to:
- provide the Buyer's data, i.e. user name, e-mail address, and password,
- read the Rules and accept them,
- accept the activating link sent by the Seller to the e-mail address specified by the Buyer.
- Data is provided voluntarily by filling in the registration form.
- Agreement on provision of Services is made for an unlimited period of time.
- The Buyer has the right to terminate the agreement at all times. Termination of the agreement means closing the account in the Shop.
- The Seller is authorized to terminate the agreement on provision of Services and to block the access to the account or delete the Buyer's account with a two-weeks' notice if the Buyer uses the Services with violation of law or provisions of the Rules.
- The agreement is terminated with a termination notice sent by e-mail or post to the recipient's address.
- In case of termination of the agreement by any party, the Seller is obliged to delete the Buyer's account immediately, no later, however, than within five working days following the date of receiving the termination notice.
- The Seller may refuse to make an agreement on provision of services and delete the Buyer's account if it has been set up again after termination of the agreement by the Seller and deletion of the account at the Shop as a result of a violation by the Buyer of legal regulations or provisions hereof.
Principles and Conditions of Making Sale Agreements
Making a Sale Agreement
- The Seller offers Goods for sale which are included in its current trade offer and Goods manufactured at the Buyer's individual request via the Shop. The trade offer of the Seller includes descriptions of significant properties of the Goods and their net and gross prices. Prices binding to the consumers are gross prices.
- Placing of Goods in the Shop is an invitation to the Buyer to place an offer (order) within the meaning of the Civil Code.
- Orders may be placed at the Shop all day, seven days a week, all days a year.
- To place an order, the Buyer, in particular, has to specify the Goods, their quantities, method of payment and delivery, and data required to complete the order i.e. the Buyer's name, address, and phone number. In case of Buyers who are entrepreneurs, their NIP (tax identification) number and name of the company are also required.
- The sale agreement is made when the Seller accepts the order placed by the Buyer or when the Seller starts to process the order. The Seller immediately informs the Buyer that it has accepted the order by sending a relevant message via the B2B selling system or by e-mail.
- If the Buyer provides incorrect or wrong data in the order, the Seller will attempt to contact the Buyer in order to correct it. If it is not possible to contact the Buyer or to correct the mistakes, the Seller is authorised to cancel the order. The Seller is obliged to notify the Buyer of the fact if possible.
- The price of the Goods is determined based on prices specified when the Buyer places an order. The selling price includes VAT. The total price specified when an order is placed includes the price of the ordered Goods and costs of delivery. Delivery costs differ depending on the delivery method selected by the Buyer.
- The Buyer may choose one of the payment methods provided for by the Seller, including advance payment by transfer or payment at delivery on conditions specified below.
- In case of a sale with an advance payment, the Buyer pays for the purchased Goods immediately after placing the order, by transfer to the bank account specified by the Seller.
- If the payment is not made within 5 days following the order, the Seller cancels the order and notifies the Buyer of the fact.
- The Buyer may choose payment at delivery if the registered office of the Buyer and the delivery place is located in:
- Poland and the payment does not exceed:
- PLN 1,000 for retail sale,
- PLN 2,500 for whole sale,
- Germany and the payment does not exceed:
- EUR 200 for retail sale,
- EUR 500 for whole sale.
- If the Buyer chooses payment at delivery, the Buyer is obliged to pay for the ordered Goods upon receipt. The Buyer pays the price directly to the delivery person.
- When placing an order, the Buyer selects the method of delivering Goods out of the methods provided for by the Seller (courier, courier with payment at delivery, collection by the Buyer).
- Delivery costs depend on method of delivery, weight of the parcel, and the payment method. The Buyer is notified of the delivery costs upon placing the order. Delivery costs are paid by the Buyer.
- Order completion period is:
- 14 days for the Goods manufactured at the Buyer's individual order and for whole sale of Goods,
- 5 working days for retail sale of Goods.
- The Buyer is obliged to check the contents of the parcel in the presence of the courier or postman in order to confirm whether the contents are compatible with the order and whether no damage was caused during transport. In case of any damage to the parcel, the Buyer is obliged to notify the delivering entity of the fact and immediately contact the Seller.
- In case of international sales to Entrepreneurs, the place of performance of the agreement is the delivery place for ordered Goods to the registered office of the first carrier performing the delivery or the place where the ordered Goods were left at the first carrier's disposal for the purpose of delivery.
- The Seller sends VAT invoices on-line to Buyers who have consented to such method of delivery. In other cases, the Seller delivers VAT invoices to the Buyer with the ordered Goods.
Liability of the Seller to Entrepreneurs
Guarantee of Quality
- All Goods offered via the Shop are new and free from physical and legal defects.
- The Seller grants a 12-months' guarantee of quality for all offered Goods. The granting of the guarantee excludes the application of provisions concerning statutory guarantee for defects of sold Goods.
- To exercise the guarantee rights, it is required to make a written complaint within 14 days of discovering a defect of the purchased Goods and to deliver the defective Goods with a proof of purchase to the registered office of the Seller. The complaint should include the name of the Entrepreneur, contact data, and a description of the discovered defect. The Entrepreneur loses its guarantee rights if it fails to meet the conditions listed above.
- Complaints are processed within 14 days following the date they were made.
In case the discovered defects are confirmed, the Seller, under the granted guarantee, is obliged to replace the defective Goods with the Goods which are free from defects. The Goods are replaced within the period for processing the complaint.
- Costs of packaging and dispatch of the Goods under complaint are paid by the Entrepreneur.
Liability for Goods
Manufactured on an Individual Request
- The Seller is not responsible for:
- defects of non-standard Goods manufactured at the Entrepreneur's individual request if such defects are a result of manufacturing the Goods based on materials provided by the Entrepreneur, according to its instructions and guidelines,
- violation of copyright or any other rights of third parties if it was related to the use of trademarks, logos, and graphics provided by the Entrepreneur in connection with completing the Entrepreneurs individual order.
- When providing the Seller with trademarks, logos, and graphics for the purpose of completing an individual order, the Entrepreneur represents and warrants that it is the owner of all economic and moral copyright and derivative rights to the provided materials or that it has obtained a written consent of the owner for the use of those materials by the Seller for the purpose of the completed order.
- The Entrepreneur is fully responsible for and is obliged to indemnify the Seller against any claims of third parties resulting from the violation of its copyright to the materials provided by the Entrepreneur. If the indemnification of the Seller against such a violation is impossible or ineffective for any reasons, the Entrepreneur is obliged to pay all costs and losses incurred by the Seller in relation to raised claims. In particular, in case of any negligence of its obligations to the Seller, the Entrepreneur is obliged to pay the Seller compensation for performing the agreement improperly.
Liability of the Seller to Consumers
Withdrawal from the Agreement
- Consumers have the right to withdraw from a sale agreement made via the Shop on principles under the Law of 02 March 2000 on protection of certain consumers' rights and liability for loss caused by a hazardous product (Dziennik Ustaw no. 22, item 271, as amended).
- Entrepreneurs do not have the right to withdraw from an agreement due to their economic and professional activities.
- The right of withdrawal may be exercised within 14 days following the date of delivering the Goods according to Article 7(1) of the Law specified above. To observe that period, it is sufficient to send a representation concerning a withdrawal from the agreement before the expiry of the period. The Seller provides the specimen representation concerning a withdrawal from the agreement free of charge.
- The representation concerning a withdrawal from the agreement should be made in writing and should be sent to the Seller's address. The Buyer is obliged to send the Goods in respect of which the Buyer withdraws from the agreement to the Seller's address referred to above within 14 days following the date of sending the representation concerning a withdrawal from the agreement. The parcel should be labelled "Returned Goods".
- All direct costs of delivering the representation concerning a withdrawal from the agreement to the Seller and of returning the Goods are paid by the Buyer.
- The Entrepreneur is obliged to immediately return, to the consumer, all payments made by the consumer, including costs of delivering things, no later than within 14 days following the receipt of the consumer's representation concerning a withdrawal from the agreement.
- In case of a withdrawal from the agreement, the Seller immediately returns, to the Consumer, all payments made by the consumer, including costs of delivering things, no later than within 14 days following the receipt of the Consumer's representation concerning a withdrawal from the agreement.
- The right to withdraw from the agreement does not apply to non-standard Goods, manufactured according to the consumer's specification or for satisfying the consumer's individual needs.
Incompatibility of Goods with the Agreement
- The Seller is responsible to Consumers for incompatibility of Goods with the agreement under the Law of 27 July 2002 concerning special conditions of consumer sale and amendment of the Civil Code (Dziennik Ustaw 2002, no. 141, item 1176, as amended).
- The Seller is not responsible for incompatibility of consumer goods with the agreement if the Consumer had known about the incompatibility when making the agreement or, judging reasonably, should have known about it.
- The Seller is not responsible for defects of non-standard Goods manufactured at the Consumer's individual request if such defects are a result of manufacturing the Goods based on materials provided by the Consumer, according to their instructions and guidelines.
- When providing the Seller with trademarks, logos, and graphics for the purpose of completing an individual order, the Consumer represents that they are the owner of all economic and moral copyright and derivative rights to the provided materials or that they have obtained a written consent of the owner for the use of those materials by the Seller for the purpose of the completed order.
- The Seller is responsible for incompatibility of goods with the agreement if such incompatibility is found within two years following the delivery of the Goods to the Consumer. That period starts anew in case of any replacement or repair of Goods.
- In case of any incompatibility of the Goods with the agreement, the Consumer should notify the Seller of the incompatibility within 2 months following the discovery. To observe that period, it is sufficient to send a notification before the expiry of the period. The Consumer is obliged to draw up a written description of the discovered incompatibility of the Goods with the agreement and to specify whether they request that the Goods be repaired or replaced with new ones.
- The Consumer should send the Goods incompatible with the agreement to the Seller's address. The Goods should be packed in a manner which prevents damage and they should be accompanied by all additional elements delivered with the Goods.
- The Seller informs the Consumer about the refusal or acceptance of the request within 14 days following the receipt of the Goods.
- If the Goods are accompanied by a manufacturer's guarantee, the Consumer may address their claims according to the provisions of the guarantee.
Protection of Personal Data
Personal Data Processing
- The Seller is a personal data administrator within the meaning of the Law of 29 August 1997 on personal data protection (Dziennik Ustaw No. 133, item 883, as amended), hereinafter referred to as the Law.
- The Seller has the right to process personal data of the Buyer provided in the registration form and in the order under Article 23(1)(3) and Article 23(4) of the Law for the purpose of performing the sale agreement, in relation to direct marketing of the Seller's Goods and services, and for the purpose of pursuing claims on account of the conducted economic operations.
- The Buyer may agree to receive commercial information by e-mail.
- The Buyer may resign at all times from receiving commercial information sent by the Seller. To resign from receiving commercial information, the Buyer has to send a representation concerning resignation to the Seller's e-mail address.
- Provision of personal data required to use the Shop and place orders is completely voluntary. A refusal to provide personal data may result in it being impossible for the Seller to provide Services.
- The Seller processes data describing the manner of using the Services by the Buyer, including without being limited to:
- labels identifying the Seller, attached based on the data referred to in sec. 3 of this paragraph,
- labels identifying the end of the telecommunications network or the IT system used by the Buyer,
- information on the purchase of Goods and services by the Buyer.
- The Buyer has the right to access and modify their personal data.
- Under Article 31 of the Law on personal data protection, the Seller may entrust other entities with processing personal data of the Buyer.
- All contents provided at the Shop website, i.e. photos, logos, and description of the Goods, are protected with copyright owned by the Seller or entities cooperating with the Seller, under provisions of the Law of 04 February 1994 on copyright and derivative rights (Dziennik Ustaw of 2006, No. 90, item 631).
- Copying, multiplying, processing, and distributing all or a part of the contents referred to above with no written consent of the Seller is prohibited and is a violation of copyright.
Jurisdiction and Applicable Law
- In relationships of the Seller with Entrepreneurs:
- law applicable to all claims and disputes related to operations of the Shop, sale agreements made by the Seller, and completion of orders is Polish law;
- all disputes which may arise in relation to operations of the Shop, sale agreements made by the Seller, and completion of orders will be settled by courts of general jurisdiction in Poland. Disputes will be settled by a court of general jurisdiction with jurisdiction over the place where the Seller's registered office is located.
- In relationships of the Seller and Consumers, jurisdiction is determined under applicable legal regulations.
- All matters which are not regulated herein are regulated with provisions of the Polish Civil Code and other applicable provisions.
- The Seller reserves the right to amend the Rules. Clients will be notified of any amendments to the Rules by publication of relevant information on amendments on the Shop website. All amendments to the Rules become effective within a week following their publication as described in the preceding sentence. Orders placed by the Buyer before the date when amendments to the Rules come into effect will be completed according to provisions of the Rules applicable at that time.
- A sale agreement between the Seller and the Buyer is governed by provisions of the Rules applicable on the date of making the agreement.
- The Rules enter into force on 01 November 2014.